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Document 62008CA0555

    Case C-555/08: Judgment of the Court (Seventh Chamber) of 4 June 2009 — Commission of the European Communities v Kingdom of Sweden (Failure by a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Failure to transpose within the prescribed period)

    OJ C 180, 1.8.2009, p. 24–24 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    1.8.2009   

    EN

    Official Journal of the European Union

    C 180/24


    Judgment of the Court (Seventh Chamber) of 4 June 2009 — Commission of the European Communities v Kingdom of Sweden

    (Case C-555/08) (1)

    (Failure by a Member State to fulfil obligations - Directive 2005/56/EC - Cross-border mergers of limited liability companies - Failure to transpose within the prescribed period)

    2009/C 180/40

    Language of the case: Swedish

    Parties

    Applicant: Commission of the European Communities (represented by: P. Dejmek and K. Nyberg, Agents)

    Defendant: Kingdom of Sweden (represented by: A. Falk and A. Engman, Agents)

    Re:

    Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the measures necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ 2005 L 310, p. 1) — Financial institutions which require authorisation by a public body, in particular banks and insurance companies

    Operative part of the judgment

    The Court:

    1.

    Declares that, by not adopting, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies, with regard to financial institutions which require authorisation by a public authority, in particular certain banks and insurance companies, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

    2.

    Orders the Kingdom of Sweden to pay the costs.


    (1)  OJ C 32, 7.2.2009.


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